Legal Question in Family Law in India

I'm deserted by my husband for 1.5 years who lives abroad on work permit..Have filed DV case against him and sister inlaw.I'm a Hindu,living with my parents in Delhi and non working.

I have no clue of his monthly income(it is tax free),properties,assets,bank & financial status details in India and abroad,despite my best efforts to find out..

i have the following questions:

1. If I want to get maintenance as per all these above standards,how will these details be found out?

2. Do the courts follow any procedures to find these details about the boy who's abroad?Or will my lawyer have to find these details himself thru some well known procedures?

3. I have heard he will have to prove his assets,financial status,etc himself in the court.

But what if he manipulates and doesn't reveal anything properly?Please tell me some foolproof ways so that he proves all these facts very correctly and in detail.

I am worried because their entire family is v.manipulative and oversmart and will try to show that they are not so well off.i just know my husband earns in lakhs monthly and has a good living standard.

4. The house where his sister and parents live(Chennai) is in the sister's name.Can the court attach this property as the case is also against sister inlaw?

Please advise in detail.Thanks


Asked on 11/22/09, 5:24 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as far as the maintenance is concerned, the court would direct him to file his salary slip or income proof and incase he does not produce the same, the court would go by your version. regarding the house in the name of his sister, it cannot be attached by the court. the property has to be owned by the husband himself or you should be able to prove that the consideration of the property was paid by your husband

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Answered on 11/23/09, 2:29 am


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